General Provisions Relating to Appeals

Section 107 CPC (Powers of Appellate Court) and Order XLI Rules

Section 107 of the Civil Procedure Code (CPC) 1908 outlines the powers of the appellate court
when deciding appeals. These powers correspond with various Rules in Order 41 (XLI) regarding
the appellate process.

Section 107(a) & Order XLI, Rule 24 – Decision Without Remand

 Section 107(a): The appellate court has the power to determine a case finally.
 Order XLI, Rule 24: If all necessary evidence is available, the appellate court decides the
case itself rather than remanding it.

Example:
A trial court dismissed a breach of contract case based on a procedural issue, but the appellate
court finds that all required evidence is already on record. Instead of remanding, the appellate
court examines the evidence and delivers a final judgment.

Section 107(b) & Order XLI, Rule 23 – Remand of Case

 Section 107(b): The appellate court may remand a case for fresh adjudication.
 Order XLI, Rule 23: If the trial court disposed of a case without deciding all material
issues, the appellate court can set aside the decree and remand it for reconsideration.

Example:
A property ownership suit was dismissed because the trial court only considered the plaintiff’s
title deed but ignored witness statements and land revenue records. The appellate court
remands the case to the trial court for a proper decision.

Section 107(c) & Order XLI, Rule 25 – Additional Issues to Be Framed

 Section 107(c): The appellate court can frame issues and refer them back to the trial
court for findings.
 Order XLI, Rule 25: If a material issue was not framed, the appellate court directs the
trial court to record findings on that issue and report back.

Example:
A suit for specific performance of a contract was decided without addressing whether the

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plaintiff was ready and willing to perform his obligations. The appellate court sends the case
back to the trial court to record findings on this issue and return them for further decision.

Section 107(d) & Order XLI, Rule 27 – Additional Evidence in Appeal

 Section 107(d): The appellate court may take additional evidence or require it to be
taken.
 Order XLI, Rule 27: Additional evidence is allowed if:
1. The trial court wrongly refused to admit necessary evidence.
2. The appellate court requires it for a proper decision.
3. A party could not produce it earlier due to valid reasons.

Example:
During an appeal in a property dispute case, the plaintiff discovers a registered sale deed that
was unavailable earlier due to an error in land records. The appellate court, if satisfied, allows
this document as additional evidence.

Summary:

Section 107 Corresponding Rule in Order XLI Effect

CPC
107(a) Rule 24 Appellate court can decide case without
remand if evidence is complete
107(b) Rule 23 Case is remanded if the trial court failed to
decide key issues.
107(c) Rule 25 New issues may be framed and sent to trial
court for findings
107(d) Rule 27 Additional evidence may be allowed in limited
circumstances

These provisions ensure fair and just adjudication at the appellate level while avoiding
unnecessary delays.

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 Reference, Review, Revision

Sections 113, 114, and 115 CPC with Orders XLVI, XLVII, and LII

The Civil Procedure Code (CPC) 1908 provides statutory provisions regarding reference, review,
and revision through Sections 113, 114, and 115, which correspond with Orders 46, 47, and 52
respectively. Below is their detailed integration with examples:
________________________________________
Section 113 & Order XLVI (Reference to the High Court)
• Section 113 CPC: If a subordinate court has doubt regarding a legal question in a case, it
may refer the matter to the High Court for guidance.
• Order XLVI CPC: Details the procedure for making a reference.

Key Points:
✅ The matter must involve a substantial legal question.
✅ The decision must depend on the interpretation of a law.
✅ The case continues after the High Court's opinion is received.
Example:
A civil judge is hearing a case where the validity of a new tax law is challenged. Since this law
has not been previously interpreted, the judge refers the matter to the High Court under
Section 113 read with Order XLVI.
________________________________________
Section 114 & Order XLVII (Review of Judgment)
• Section 114 CPC: A party aggrieved by a judgment or order may apply for a review in
the same court that passed it.
• Order XLVII CPC: Specifies the grounds for review.

Grounds for Review:

✅ Discovery of new evidence that could not be presented earlier.
✅ Apparent error on the face of the record (e.g., misinterpretation of law).
✅ Other sufficient reasons for reconsideration.

Example:
A court dismisses a land dispute case, but later the plaintiff finds a registered title deed proving
ownership, which was not available earlier. Under Section 114 and Order XLVII, the plaintiff
applies for review of the judgment based on new evidence.
________________________________________

Section 115 & Order LII (Revision by the High Court)

• Section 115 CPC: The High Court may revise an order of a subordinate court if:
1. The court acted without jurisdiction.
2. The court failed to exercise its jurisdiction.
3. The decision contains a material illegality or irregularity.
• Order LII CPC: Specifies the procedural rules for revision applications.

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Key Points:
✅ No appeal should be available against the order.
✅ The error must be jurisdiction
al or procedural, not merely a wrong decision.
✅ Revision is not a rehearing but a correction of legal errors.
Example:
A trial court grants a stay order indefinitely without legal justification. The opposing party
applies for revision in the High Court under Section 115 read with Order LII, arguing that the
trial court exceeded its jurisdiction.
________________________________________

Summary of Sections and Corresponding Orders:

Section CPC Corresponding Order Purpose
Section 113 Order XLVI Reference to the High Court for legal interpretation.
Section 114 Order XLVII Review of a judgment due to new evidence or legal
error.
Section 115 Order LII High Court’s revision of orders containing
jurisdictional errors.
These provisions ensure judicial accuracy, fairness, and legal clarity in civil cases.